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90_HB3395eng
815 ILCS 505/10a from Ch. 121 1/2, par. 270a
Amends the Consumer Fraud and Deceptive Business
Practices Act. In Section concerning an action for actual
damages, makes provision for a party defendant who is the
holder of a retail installment contract within the meaning of
the Motor Vehicle Retail Installment Sales Act to be treated
the same as a party defendant who is a new or used vehicle
dealer within the meaning of the Vehicle Code.
LRB9009754DJcd
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1 AN ACT to amend the Consumer Fraud and Deceptive Business
2 Practices Act by changing Section 10a.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Consumer Fraud and Deceptive Business
6 Practices Act is amended by changing Section 10a as follows:
7 (815 ILCS 505/10a) (from Ch. 121 1/2, par. 270a)
8 Sec. 10a. Action for actual damages.
9 (a) Any person who suffers actual damage as a result of
10 a violation of this Act committed by any other person may
11 bring an action against such person. The court, in its
12 discretion may award actual economic damages or any other
13 relief which the court deems proper; provided, however, that
14 no award of punitive damages may be assessed under this
15 Section against a party defendant who is a new vehicle dealer
16 or used vehicle dealer within the meaning of Chapter 5 of the
17 Illinois Vehicle Code or who is the holder of a retail
18 installment contract within the meaning of Section 2.12 of
19 the Motor Vehicle Retail Installment Sales Act, unless the
20 conduct engaged in was willful or intentional and done with
21 evil motive or reckless indifference to the rights of others.
22 Proof of a public injury, a pattern, or an effect on
23 consumers and the public interest generally shall be required
24 in order to state a cause of action under this Section
25 against a party defendant who is a new vehicle dealer or used
26 vehicle dealer within the meaning of Chapter 5 of the
27 Illinois Vehicle Code or who is the holder of a retail
28 installment contract within the meaning of Section 2.12 of
29 the Motor Vehicle Retail Installment Sales Act. Proof of
30 such public injury may be shown by any one of the following
31 factors:
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1 (1) Violation of a statute that has a public
2 interest impact.
3 (2) Repeated acts prior to the act involving the
4 plaintiff.
5 (3) Potential for repetition.
6 (b) Such action may be commenced in the county in which
7 the person against whom it is brought resides, has his
8 principal place of business, or is doing business, or in the
9 county where the transaction or any substantial portion
10 thereof occurred.
11 (c) Except as provided in subsections (f), (g), and (h)
12 of this Section, in any action brought by a person under this
13 Section, the Court may grant injunctive relief where
14 appropriate and may award, in addition to the relief provided
15 in this Section, reasonable attorney's fees and costs to the
16 prevailing party.
17 (d) Upon commencement of any action brought under this
18 Section the plaintiff shall mail a copy of the complaint or
19 other initial pleading to the Attorney General and, upon
20 entry of any judgment or order in the action, shall mail a
21 copy of such judgment or order to the Attorney General.
22 (e) Any action for damages under this Section shall be
23 forever barred unless commenced within 3 years after the
24 cause of action accrued; provided that, whenever any action
25 is brought by the Attorney General or a State's Attorney for
26 a violation of this Act, the running of the foregoing statute
27 of limitations, with respect to every private right of action
28 for damages which is based in whole or in part on any matter
29 complained of in said action by the Attorney General or
30 State's Attorney, shall be suspended during the pendency
31 thereof, and for one year thereafter.
32 (f) At any time more than 30 days before the
33 commencement of trial, a party, who is a new vehicle dealer
34 or used vehicle dealer within the meaning of Chapter 5 of the
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1 Illinois Vehicle Code, or who is the holder of a retail
2 installment contract within the meaning of Section 2.12 of
3 the Motor Vehicle Retail Installment Sales Act, and who is
4 defending a claim under this Act, may serve upon the party
5 seeking relief under this Act an offer to allow judgment to
6 be taken against the defending party to the effect specified
7 in the offer with costs then accrued. If within 10 days
8 after service of the offer, the offeree serves written notice
9 that the offer is accepted, either party may then file the
10 offer and notice of acceptance together with proof of service
11 of the notice; the court shall then enter judgment. An offer
12 not accepted shall be deemed withdrawn and evidence of the
13 offer is not admissible except in a proceeding to determine
14 costs. When a party seeking relief under this Act does not
15 accept an offer filed with the clerk and served upon the
16 attorney for that party more than 30 days before the
17 commencement of trial and when that party fails to obtain a
18 judgment in an amount more than the total offer of
19 settlement, that party shall forfeit and the court may not
20 award any compensation for attorney's fees and costs incurred
21 after the date of the offer.
22 (g) At any time more than 30 days before the
23 commencement of trial, a party who is seeking relief under
24 this Act from a new vehicle dealer or used vehicle dealer
25 within the meaning of Chapter 5 of the Illinois Vehicle Code
26 or from the holder of a retail installment contract within
27 the meaning of Section 2.12 of the Motor Vehicle Retail
28 Installment Sales Act may serve the dealer or holder an offer
29 to allow judgment to be taken against the dealer or holder to
30 the effect specified in the offer with costs then accrued.
31 If within 10 days after service of the offer, the offeree
32 serves written notice that the offer is accepted, either
33 party may then file the offer and notice of acceptance
34 together with proof of service of the notice; the court shall
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1 then enter judgment. An offer not accepted shall be deemed
2 withdrawn and evidence of the offer is not admissible except
3 in a proceeding to determine costs. When a dealer or holder
4 does not accept an offer filed with the clerk and served upon
5 the attorney for the dealer or holder more than 30 days
6 before the commencement of trial and if the party seeking
7 relief against a dealer or holder obtains a judgment in an
8 amount equal to or in excess of the offer amount, the party
9 seeking relief shall be paid interest on the offer amount at
10 the rate as provided in Section 2-1303 of the Code of Civil
11 Procedure from the date of the offer until the judgment is
12 paid.
13 (h) At least 30 days prior to the filing of an action
14 under this Section, a party who is seeking relief shall serve
15 a written notice of the nature of the alleged violation and
16 demand for relief upon the prospective party, who is a new
17 vehicle dealer or used vehicle dealer within the meaning of
18 Chapter 5 of the Illinois Vehicle Code or who is the holder
19 of a retail installment contract within the meaning of
20 Section 2.12 of the Motor Vehicle Retail Installment Sales
21 Act, against whom such action will be commenced. Any person
22 receiving such a demand for relief may, within 30 days of
23 service of the demand for relief, submit a written offer of
24 settlement, which offer is to be exclusive of attorney's
25 fees, to the party serving the notice and demand. The party
26 who is seeking relief must certify in any cause of action
27 that the notice and demand was served upon the named
28 defendants and the substance of their response, if any. If
29 the offer of settlement is rejected in writing by the party
30 who is seeking relief, then, in any subsequent action, the
31 court shall deny any award of attorney's fees and costs
32 requested by the party seeking relief under this Act incurred
33 after the rejection of the written offer of settlement, if
34 the judgment is less than the amount contained within the
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1 offer of settlement. All written offers of settlement under
2 this subsection shall be presumed to be offered without
3 prejudice in compromise of a disputed matter.
4 (Source: P.A. 89-144, eff. 1-1-96.)